The Open Markets Institute filed an amicus brief in the U.S. Court of Appeals for the Ninth Circuit supporting Innovative Health, LLC in Innovative Health v. Biosense Webster urging the court to uphold a jury verdict finding Biosense Webster guilty of violating federal antitrust law by using its dominant position in the cardiac-mapping market to block competition from lower-cost medical device reprocessors.
The Open Markets Institute filed an amicus brief in support of the plaintiffs in Reading Hospital v. Hill-Rom Holdings, a case concerning the monopolistic manufacturer of hospital beds using exclusive dealing with health systems to perpetuate its dominance.
The Open Markets Institute filed an amicus brief in State of Ohio v. Google, urging the Fifth District Court of Appeals of Ohio to recognize the state’s authority to designate Google Search as a common carrier—just as courts and legislatures have long done for railroads, telegraphs, telephones, and other corporations that hold themselves out to serve the public.
The Open Markets Institute filed an amicus brief led by Policy Counsel Tara Pincock, Legal Director Sandeep Vaheesan, and Jamie Crooks of Fairmark Partners defending Congress’s authority under the Constitution to restrict the President’s ability to remove officials at executive agencies and departments. The brief argues that Congress, under the Necessary and Proper Clause of Article I, has broad powers to structure the federal government and ensure that the execution of the law remains independent from direct presidential control.
The Open Markets Institute submitted an amicus brief in United States v. Google, urging the court to order Google to divest part of its advertising technology businesses to restore competition and to protect publishers, advertisers, and the public.
The Open Markets Institute filed an amicus brief in the Supreme Court, urging the Court to address Merck’s alleged misrepresentations to the Food and Drug Administration to extend its monopoly in the mumps vaccine market.
The Open Markets Institute filed an amicus brief in the Ninth Circuit Court of Appeals warning that Intuitive Surgical is exploiting its monopoly over surgical robots to dominate markets for essential accessories—posing serious risks to hospitals, doctors, and patients.
The Open Markets Institute filed an amicus brief in Cornish-Adebiyi v. Caesars, a case before the Third Circuit court in which casino hotels in Atlantic City used revenue management software from Cendyn Group to fix prices at high rates.
The Open Markets Institute filed an amicus brief in Ryan v. FTC, marking the second appellate case in which Open Markets has defended the Federal Trade Commission’s (FTC) landmark prohibition on non-compete clauses.
The Open Markets Institute filed an amicus brief with the U.S. Court of Appeals for the Third Circuit, urging the court to grant a rehearing In re Merck Mumps Vaccine Antitrust Litigation. A class of physicians alleged that Merck misled the Food and Drug Administration about the shelf-life of its vaccine and thereby kept out a competing vaccine.